Current through Register Vol. XLI, No. 36, September 6, 2024
Section 58-5-4 - Grant Program Priority and Other Criteria4.1. All West Virginia municipalities, county commissions, county and regional solid waste authorities, instrumentalities, proprietorships, partnerships, corporations and private schools, are eligible to apply for recycling assistance grants as provided for in subdivisions 3.3.1. through 3.3.4. of this rule, through notification of the county or regional solid waste authority in which the applicant is located. The recycling assistance fund grant review committee shall give priority to those municipalities, counties, state instrumentalities, private schools, proprietorships, partnerships, corporations, and cooperatives, required to implement recycling programs as a result of a county referendum or pursuant to the provisions of W. Va. Code ''20-11-5 and 20-11-6. If a county has adopted a recycling ordinance by referendum vote, the ordinance shall be consistent with the provisions of W. Va. Code '20-11-5c for the applicant to receive priority for a grant. If the county has one or more municipalities each with a population greater than 10,000, the municipality's program shall, at a minimum, be consistent and coordinated with the county's recycling program. Grant proposals shall meet the following criteria: 4.1.1. Municipalities with populations over 10,000; county governments; cooperatives; and other interested parties: 4.1.1.a. Proposals for grants under subdivision 3.3.1. of this rule shall have work elements that are at a minimum consistent with the provisions of subsections (a) and (b) of W. Va. Code '20-11-5; and4.1.1.b. Proposals for grants under subdivision 3.3.3. of this rule shall document that the plan to be implemented has been approved by the solid waste management board. Grant proposals shall include, but not be limited to the following: 4.1.1.b.A. source separation of at least three recyclable materials;4.1.1.b.B. collection and transportation of materials to a processing center; and4.1.1.b.C. public education programs which promote recycling.4.1.2. A county government required pursuant to W. Va. Code '20-11-5(e) to implement a comprehensive recycling solid waste program shall at a minimum develop a program that is in compliance with the provisions of W. Va. Code '20-11-5(c).4.1.3. Special funding proposals for five or more communities or two or more counties combining their efforts to provide a cooperative countywide or multi-county recycling program shall have a comprehensive recycling plan which has been approved by the solid waste management board.4.2. Municipalities with a population under 10,000; absence of a municipal program; other interested parties:4.2.1. Municipalities with a population under 10,000 may implement a curbside or drop-off recycling program that includes public education, providing transportation of recyclable materials to a processing center, and integration of other recyclable materials into the program;4.2.2. In the absence of either a municipal or a countywide recycling program, all instrumentalities, primary and secondary schools, private colleges and universities are eligible to receive grants under subdivisions 3.3.2. and 3.3.4. of this rule. Grant proposals shall include, but not be limited to the following: 4.2.2.a. source separation of at least two recyclable materials;4.2.2.b. collection and transportation of materials to a processing center; and4.2.2.c. public education programs which promote recycling.4.2.3. Other interested parties may apply for grants provided that grant proposals are consistent with one or more of the objectives listed under subsection 3.1 of this rule, and include, but are not limited to the recycling activities listed under subdivision 4.2.2. of this rule; and4.2.4. Persons responsible for collecting, hauling or disposing of solid waste who do not participate in the collection and payment of the solid waste assessment fee imposed by W. Va. Code '20-11-5a in addition to all other fees and taxes levied by law for solid waste generated in this state which is destined for disposal, are not eligible to receive grants.